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201807919 <br />NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE ADDITIONAL OR <br />FUTURE LOANS OR ADVANCES IN ANY AMOUNT. <br />Compliance with Laws & Restrictions. All existing Improvements and any Improvements hereafter placed on the <br />Land are and will be located within the boundary lines of the Land. All appurtenant easement areas are and shall <br />remain free from encroachments. The Mortgaged Property complies with, and will continue to comply with, all <br />laws applicable to the Mortgaged Property, including without limitation all applicable building, zoning, subdivision <br />and land use statutes, ordinances, codes, rules, regulations and orders and all covenants and agreements of record. <br />Trustor will not, and will not permit any tenant or other occupant of the Mortgaged Property to, use the Mortgaged <br />Property in any manner that violates any state or federal law. No further permits, licenses, approvals, variances, <br />public hearings or governmental orders or consents are necessary for the operation of the Mortgaged Property for its <br />intended purposes or for the construction of any planned Improvements. This provision is in addition to and not in <br />limitation of any existing provisions in the Deed of Trust. <br />Fees and Expenses. Trustor will pay all fees and expenses (including attorneys' fees) in connection with the <br />preparation, execution and recording of the Amendment. <br />Effectiveness of Prior Document. Except as provided in the Amendment, all terms and conditions contained in the <br />Deed of Trust remain in full force and effect in accordance with their terms; and nothing herein will affect the <br />priority of the Deed of Trust. All warranties and representations contained in the Deed of Trust are hereby <br />reconfirmed as of the date hereof. All collateral previously provided to secure the Note continues as security, and all <br />guaranties guaranteeing obligations under the Note remain in full force and effect. This is an amendment, not a <br />novation. <br />Amended Note Controls. In the event of any inconsistency between the Note and any related loan agreement, as <br />amended, and the Deed of Trust, as amended, the terms of the amended Note and any such related loan agreement <br />shall control. <br />No Waiver of Defaults; Warranties. The Amendment shall not be construed as or be deemed to be a waiver by <br />Beneficiary of existing defaults by Trustor whether known or undiscovered. All agreements, representations and <br />warranties made herein shall survive the execution of the Amendment. <br />Counterparts. The Amendment may be signed in any number of counterparts, each of which will be considered an <br />original, but when taken together will constitute one document. <br />Receipt of Copy. Trustor hereby acknowledges the receipt of a copy of the Amendment to Deed of Trust together <br />with a copy of each promissory note secured hereby. <br />Electronic Records. Beneficiary may, on behalf of Trustor, create a microfilm or optical disk or other electronic <br />image of the Amendment. Beneficiary may store the electronic image of such Amendment in its electronic form and <br />then destroy the paper original as part of Beneficiary's normal business practices, with the electronic image deemed <br />to be an original. <br />Authorization. Trustor represents and warrants that the execution, delivery and performance of the Amendment <br />and the documents referenced to herein are within the organizational powers (as applicable) of Trustor and have <br />been duly authorized by all necessary organizational action. <br />IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ <br />CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING AND SIGNED BY THE PARTIES ARE <br />ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN <br />CONTRACT MAY BE LEGALLY ENFORCED. THE TERMS OF THIS AGREEMENT MAY ONLY BE <br />CHANGED BY ANOTHER WRITTEN AGREEMENT. <br />04-010 ®us bancorp 2013 (rev. 16 - 11/2018) <br />Page 2 <br />314401, vers. 6 <br />